Call Us 718-568-9289

Brooklyn Family Law Blog

How a divorce can affect taxable income

At the time of dissolving a marriage, a person will likely wish to consider all aspects of how their life may be affected. Going forward from the divorce, will they owe support payments or be receiving them? How will the future needs of an ex-spouse or a child change how funds are allocated? In New York, some consider it important to understand how support payments are taxed after divorce. 

Alimony payments are tax-deductible for the person making the payments. The recipient of the spousal support will have to pay income tax on the money sent to them. Child support payments, on the other hand, are neither deductible nor do they need to be claimed as income, since they go toward the support of a child. 

Asset division includes adjusting retirement funds

When two people get married, they usually intend to combine their resources so that both parties can share in the magnified bounty of the investments. A divorce can change that outcome, as all marital assets are subject to asset division. For many people, this will include retirement investment funds. A recent news report shares information about the splitting process that New York residents may find interesting. 

There are two classes of assets during a divorce -- marital property, which is shared between the couple, and separate property, which belongs to one party or the other. Gifts and inheritances are typically separate property. Any investments made together during the marriage, even if they are only in the name of one person, may be considered marital or shared property if the intention was that the investments would benefit both people in later days. 

Planning for changes in child support needs

When the parents of children choose to split up, whether from a marriage or not, a court usually hands down a child support order. The order lays out the guidelines surrounding how much the parent paying child support must pay and how often, based on a number of factors in the lives of the parents and the children.

However, rarely are two child support orders exactly the same. Depending on the income of the parent and the needs of the children, a child support order can vary drastically from one parent to another.

An app to track visitation

Trying to integrate the schedules of several individuals can get extremely tricky. This is especially true in cases of co-parenting after divorce. When both parents work, and the children have school and extracurricular activities, managing the daily routine can get complicated fast. One father has created an app that can manage financial tracking and visitation schedules that he think will help families in New York and across the United States. 

The app, called FAYR, is a tracker designed to be used by both parents jointly, but can still be used by one parent if the other refuses. The user can take photos of receipts to track expenses and document those expenses in exportable reports. The app also integrates a calendar so that both parents can add work schedules and special events to keep both co-parents on the same page. 

Alimony adjustments after divorce

Is an alimony agreement permanent or can it be changed? The is the question many New York residents may have pondered, especially if they have suffered a loss of income after the divorce has been settled. It is possible to be granted a modification of the alimony order, but certain circumstances must be met. 

An alimony agreement, whether the two parties have made their own agreement, or whether it was settled by a judge, is a binding legal order once it has passed through the court. The order will not be adjusted unless it has undergone a formal review and modification. The person asking for the modification in the case of a reduced income and subsequent inability to pay alimony must be able to prove the situation is significant and permanent. 

Dodging child support obligations in witness protection?

Some individuals will go to extreme lengths to avoid responsibilities. That's exactly what one New York man allegedly did when he claimed to be part of the witness protection program in order to avoid his child support obligations. The court disagreed with his claim, and the man faces significant payments or jail time. 

The man, a local gemsmith, was ordered to pay support to his children. He was placed into the witness protection program in 2011 after leaving prison but was released from the program in 2014. When his ex demanded payment, he claimed that he was not able to take a job due to his status in the program, and that taking a job would jeopardize his safety. 

Celebrity split has legal separation in the spotlight

Ah, movie star romance. The tabloids never seem to run out of fodder for breakup and makeup coverage, and the public thirst for celebrity gossip is never quenched. From New York to the West  Coast, people are talking about the rich and famous. One pair's recent breakup has brought a particular family law issue to people's minds -- legal separation. When news of Anna Faris and Chris Pratt's legal separation hit the scene, some folks were left wondering, what is that again? 

Legal separation is an alternative to divorce. Couples sometimes choose this option because it is perceived as an easier, less contentious, and less stressful way to end a marriage. A couple that chooses to separate will still divide assets, and they will still come to an agreement about child support and custody, but the marriage will not be formally dissolved. 

When a parent doesn’t play by the rules of child custody

After you and your children's other parent split up, finding the perfect balance of spinning plates to necessary to raise children together but separately is very difficult. Even with a court order that outlines how your parenting duties and privileges get divided, your ex may not follow the guidelines laid out in the custody agreement.

Depending on the nature of these offenses, it may be a moderate annoyance, but not a legal issue. If your ex continually arrives late to drop off or pick up, for instance, it is difficult to use the strength of the law to enforce punctuality.

New York couple facing divorce despite growth during hard times

The details of each couple's marriage are different. They may find themselves in certain situations that allow them to grow as a couple that may prove more detrimental to other individuals. Similarly, they may eventually find themselves filing for divorce for reasons that differ from other couples facing related circumstances. As a result, the manner in which they approach the end of their marriage and the associated legal proceedings can also vary.

It was recently reported that one New York woman who had written books about how the 2008 economic crisis had actually proved beneficial to her marriage is now facing divorce. It was noted that her husband was apparently the one to file the petition to end the relationship, but it was also reported that the divorce is uncontested. Details on why the couple decided to end the marriage were not available.

Child custody arrangements may help kids learn about quality time

Many New York parents may fear the idea of their kids becoming children of divorce. They may think that ending their relationship and putting the children through child custody changes will have more harmful results than positive outcomes. However, this type of life change can provide the opportunity to allow parents to teach their kids valuable skills and lessons.

One positive example that parents could set for their kids during divorce is about self-respect. If the relationship between the parents had more negative aspects than positive ones, that issue likely led to the end of the marriage. When it comes to addressing the situation with their kids, parents can show that ending the relationship allowed them to maintain their sense of self-respect by recognizing that the marriage was not healthy.

Law Offices of Eli Yeger
16 Court Street
Suite 2006
Brooklyn, NY 11241

Phone: 718-568-9289
Fax: 718-802-0276
Map & Directions